Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7947 of 2019 Applicant :- Smt Naini Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Dulare Singh,Mayank Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated being second wife of main culprit Pappu; that as per averments made in F.I.R., Smt. Moharshree was first wife of co-accused Pappu and since she was not blessed with any child, Pappu made second marriage with applicant and applicant allegedly joined Pappu in causing her burn injuries after pouring kerosene on her; that in her statement under section 164 Cr.P.C., victim Smt. Moharshree has assigned the role of pouring kerosene and causing burn injuries only to co- accused Pappu and applicant is not alleged to have joined him in above criminal act; that case of applicant is distinguishable from co-accused Pappu; that applicant has no criminal history; that applicant undertakes that she will not misuse liberty of bail; that applicant is in custody since 4.1.2019.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Smt Naini be released on bail in Case Crime No.02 of 2019, under Sections 307, 326A IPC, P.S.Nibohara, District Agra on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that she is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 25.2.2019 Tamang